Apex Credit Management stating RBS refusing CCA request

[WobblingWookie]

Hi All,

This is my first post although I've been getting help from the forums for a while.

I made a CCA request to Apex Credit Management a little while ago and had the first response stating they were not responsible for the information as I had made the agreement with RBS, I subsequently replied and told them of their obligations, either to provide said information if they have had the debt assigned or to pass the request on if they are acting as agents. I also asked them to clarify in which manner they were operating.

Today I got a response:

"I can confirm that I have contacted our clients in relation to this matter and they have again informed us that this request needs to be made direct to themselves at the Royal Bank of Scotland. This is because they are the principle company with whom the agreement was reached and are classed as the data controller in this situation whereas Apex are considered to be the data processor. [...]"

I'd include the rest of the text but it doesn't say anything of any importance.

Clearly it would seem Apex are refusing to deal with their obligations under the CCA, however, if RBS are (as Apex have stated) refusing to accept the CCA request being passed on to them does this amount to a refusal from RBS to deal with their obligations under the CCA? Where do I stand with regard to repayment of the outstanding debt?

Thanks in advance for any help.

Wookie

[pt2537]

Re: Apex Credit Management stating RBS refusing CCA request

A breach of s78 doesnt entitle a party to withold payment, this was confirmed in McGuffick v RBS.

They are plainly talking tosh as they are agents of the creditor therefore have a duty under the statute to pass on the request.